Legal Question in Criminal Law in California
bringing up dismissed charges
February 2004 I discharged My CDC 'n' number, (CRC) The purpose of taking an 'n' number is to have your record expunged after successful discharge. In August of 2005, I am being faced with a false charge of (Shoplifting), My Public defender said because of my past shoplifting charge, I would be facing prison if convicted of this new charge. She also stated that If I served even one day in custody for a prior shoplifting, it could be used against me in any future charges as a prior conviction. My controlling case that sent me to CRC was Forgery. Can this prior shoplifting conviction be used against me even though it was dismissed in Court.
1 Answer from Attorneys
Re: bringing up dismissed charges
Duh. The expungement law specifically says the dismissed charge will be counted as a prior in any new case. You were given a second chance with expungement, on the condition you not screw it up with further criminal conduct.
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